RAMSUCHIT YADAV AND 7 OTHERS v. STATE OF U.P. AND ANOTHER
A482/36025/2023 · 2025-03-05
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51871 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51871 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:32985 Court No. - 74 Case :- APPLICATION U/S 482 No. - 36025 of 2023 Applicant :- Ramsuchit Yadav And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- Deepak Kaushik,G.A. Hon'ble Vikas Budhwar,J.
2. Heard Sri Ashok Kumar Singhish, learned counsel for the applicants, Mr. S.K. Singh, learned AGA for the State and Sri Deepak Kaushik, learned counsel for opposite party No.2.
3. The applicants herein had earlier approached this Court in Application U/s 482 Cr.P.C. No.27512 of 2023 in which on 31.07.2023, the following order was passed:
"Heard Sri Ashok Kumar Singh, learned counsel for the applicants, learned A.G.A. for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed with the prayer to set aside the impugned Charge-sheet dated 25.07.2017 as well as entire proceedings of the Case No.8775 of 2017, arising out of Case Crime No.33 of 2017, under Sections 147, 149, 323, 504, 506, 336, 436, 34 of IPC., P.S. Durgaganj, District- Bhadohi pending before the learned C.J.M., Bhadohi-Gyanpur.
Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them, copy of compromise application dated 08.06.2023 has been annexed as Annexure 7 to this affidavit wherein it has been mentioned that opposite party no.2 does not want to press the case. Therefore, no useful purpose would be served in continuing the proceedings before the Court below and the same is not only sheer wastage of time of the Court but also abuse of process of law.
Learned counsel for the opposite party no. 2 does not dispute the submissions advanced by the learned counsel for the applicant or the correctness of the documents relied upon by him. Learned A.G.A., however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicant may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law. In view of above, without expressing any opinion on the merit of the case, both the parties are directed to appear before the Court below along with compromise deed as well certified copy of this order within two weeks from today. It is expected that Court below may fix a date for the verification of the compromise and after ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as
expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not? The Court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicant to approach this Court again for quashing of the proceedings. Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case. With the aforesaid directions, this application is finally disposed of. "
3. Learned counsel for the applicants submits that Annexure- 119 onwards and in particular at page-125 shows that the court of CJM, Bhadohi, Gyanpur has verified the compromise. The reference whereof has been made in paragraph No. 13 of the application.
4. Learned counsel for the applicants submits that the proceedings be quashed.
5. In view of the above, learned AGA for the State as well as
learned counsel appearing for the opposite party do not dispute the said fact and submits that they have no objection to the same.
6. Considering the submission of the parties and stand taken by them, the application stands disposed of.
7. The proceeding of case no. 8775 of 2017 (State vs. Ramsuchit Yadav and Ors) arising out of Case Crime No. 33 of 2017, under Sections 147, 149, 323, 504, 506, 336, 436, 34 IPC, P.S. Durgaganj District Bhadohi pending before the court of Judicial Magistrate-I, Bhadohi- Gyanpur are hereby quashed.
Order Date :- 6.3.2025 /C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad